Applicant Name:  ?????

Application Receipt Date: 2011/12/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I would like to request that the weight control failure would be removed from my DD214.  Right knee have chondromalacia Patellae Per MRI which resulted in a permanent profile.  Had surgery on my right hand due to a MRAP Door closing on in shattered my hand per this incident I was unable to use my hand for almost a year.  This just is embarrassing to me and due to medical reasons it was hard to lose the weight after getting hurt the last 2 deployments.  "

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 110622
Discharge Received: 			   Date: 110818   Chapter: 18      AR: 635-200
Reason: Weight Control Failure	   RE:     SPD: JCR   Unit/Location: A Btry, 1/41st FA, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 071219    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 08  Mos, 00  Days ?????
Total Service:  		05 Yrs, 02  Mos, 14  Days ?????
Previous Discharges: 	RA-060605-071218/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 94   EDU: HS Grad   Overseas: Southwest Asia-2   Combat: Iraq (070117-080402 and 091216-101203)
Decorations/Awards: ARCOM-2, AAM, NDSM, ICM-w/CS-2, , ASR, OSR-2

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows, that on 22 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 18, AR 635-200, by reason of failure to meet body fat standards, with an honorable characterization of service.  He was advised of his rights.  
       
       
       
       On 2 August 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board (which he was not entitled too), and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  
       
       On 29 July 2011, the separation authority directed that the applicant be separated from active duty with a characterization of service of general, under honorable conditions.  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Chapter 18 stipulates that Soldiers who fail to meet the body fat standards set forth in Army Regulation 600-9 shall be separated under this provision when it is the sole basis for separation.  The regulation provides that the Soldier must be given a reasonable opportunity to comply with and meet the body fat standards.  The regulation also provides that if no medical condition exists and if the individual fails to make satisfactory progress in the program after a period of six months, then initiation of separation or imposition of a bar to reenlistment is required.  The service of Soldiers separated under this chapter will be characterized as honorable.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review the issue and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  
       
       The applicant was discharged under the provisions of Chapter 18, AR 635-200, by reason of failure to meet body fat standards.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Weight Control Failure” and the separation code is "JCR."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       The applicant contends that because of medical reasons it was hard for him to lose weight while in the weight control program.  The analyst noted the applicant's contentions; however, records show the applicant was issued a permanent profile 10 May 2011 for chronic leg pain secondary to patellofemoral syndrome.  There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Medical Record Documents (10 pages), Letter from the Defense Finance and Accounting Service Indianapolis (4 pages), and DD Form 214 for the period of service under review.



VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110024222
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